Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1887-04-18
MR. ntURPHY.s REFUSAL.
ISIS Allowed Until Tuesday Morn,
Forge himself OF { ontempt.

Deputy Collector Murphy va. ...;,
In court Saturday forenoon 7.
answer to an inquiry by the court ~,
County Attorney said he should not be r..a,
70 resume the trial of the case against Reube,
Y. Hall until Monday morning. Judo,
Whitehouse then said:
nave information that the witness Thorn.
F. murphy mas availed himself of the onror
tual'y anorded him to test the question Of hi.
outv to testify in this case.
ne mas obtained the opinion of a iudpe NJ
.ne ohneo States Court whom I personallv
nuow 70 De an eminently learned Just and
. sousslvstive man, and that opinion confirms
~. posulon taken by this court. under
81, suu Iuf.ner that the position taken here i,
also confirmed BY the uniform practice in a.
state courts of this State II has been .nas
gesied to me by his counsel thar il would he
proper and just, under the circumstance. N
'scste the absolute order of commitment ia.
eueo IN this case in order that the mate,
might be placed in the form of pending pros.
ecution, and thus more readily t.ansrerred
70 the Unitei States Circuit Court.
nut the State courts are maintained for the
purpose OF transacting business and not fo,
tue purpose OF experimenting needlessly with
questons that may be raised by witnesse,
VINO r.fuse to testify. Courts must have
some discretion as to when witnesses ara 70,
gu RED to answer. We have two luries in At.
tendance here and court maintained at
great expense. 1t is important that the bust
ness or the court be transacted. Therefore
~ seems to me that all reasonable lerity has
Already been extended to the witness. and
shall now assume that he will exercise the
right which he still has under the terms of the
ORDER, to purge himself of the contempt nv
giving the testimony required, and he will
nave that opportunity Tuesday morning at 10
U CLOCK. In the mean time he will be in the
custody of the sheriff but may be allow ed to
90 on his own recognizsnce.
Other than the above there are no new
developments in this case. Mr.. Murphy has
no idea what will be done by Tuesday, bu,
does not believe the instructions from Wash
ington will be changed. Saturday morning
the Argus had the following from its Angus.
ia correspondent;
1t does not seem possible that Judge White
house will take the responsibility of issuing
the m'tIimus for MIR. Murphy's incarceration
In the county Jail for SIMPLY obeying the in
Redman, who, in turn, soeyed the orders of
his superior, Commissioner Miller.
TO show that Mr.. Murphy acted upon the
Instructions of his superior, the following is
given:
Thomas F. Murphy. Deputy Collector, augusta:
II served with a subpoena from Superior Court
APPEAR ard deny its authority to compel the produc
lion OF ON ;e r. cord or copies of them. Suite TO
Judge hitehou,e that tn record required by SEQ
ton 1910, K. 81 Il kept at the collectors Office and
that you have not power to produce copies.
JOHN b. REDMAN, Collector
A wellknown Augusta lawyer has been
examining the United States Reports and
finds decision as follows: In the District
Court of the District Of Columbia man was
committed for contempt. An application
for habeas corpus writ was made to the
Supreme Court of the United States. Judge
Story decided that where man was adjudged
guilty of contempt by any court of compe-
tent jurisdiction no other court could review,
reverse or inquire into such decision. On
the other hand it ia said this decision does
not apply in a case of this kind where a
United States officer i. arrested for contempt.